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HB1500 • 2026

CIC resale certificates

Concerning resale certificates for units in common interest communities.

Budget Housing Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Representative Reed, Representative Entenman, Representative Gregerson, Representative Peterson, Representative Fosse, Representative Farivar, Representative Doglio, Representative Alvarado, Representative Hill, Representative Berry, Representative Simmons, Representative Ormsby, Representative Macri
Last action
2026-01-15
Official status
H subst for
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

CIC resale certificates

CIC resale certificates

What This Bill Does

  • CIC resale certificates

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

ADOPTED AND ENGROSSED

Plain English: 1500-S.E AMS ENGR S5303.E ESHB 1500 - S COMM AMD By Committee on Housing ADOPTED AND ENGROSSED 03/04/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 1500-S.E AMS ENGR S5303.E ESHB 1500 - S COMM AMD By Committee on Housing ADOPTED AND ENGROSSED 03/04/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 64.90.640 and 2025 c 119 s 29 are each amended to 3 read as follows: 4 (1) Except in the case of a sale when delivery of a public 5 offering statement is required, or unless exempt under RCW 6 64.90.600(2) or unless the buyer of a unit within a common interest 7 community has expressly waived the right to receive a resale 8 certificate because it is unavailable as provided in RCW 9 64.90.600(4), a unit owner must furnish to a purchaser before 10 execution of any contract for sale of a unit, or otherwise before 11 conveyance, a resale certificate, signed by an officer or authorized 12 agent of the association and based on the books and records of the 13 association and the actual knowledge of the person signing the 14 certificate, containing all of the following and the statement "NONE" 15 or "RECORDS UNAVAILABLE" for each category of records that is not 16 provided: 17 (a) A statement disclosing any right of first refusal or other 18 restraint on the free alienability of the unit contained in the 19 declaration; 20 (b) With respect to the selling unit owner's unit, a statement 21 setting forth the amount of any assessment currently due, any 22 delinquent assessments, and a statement of any special assessments 23 that have been levied and have not been paid even though not yet due;24 (c) A statement, which must be current to within 45 days, of any 25 assessments against any unit in the condominium that are past due 26 over 30 days; 27 (d) A statement, which must be current to within 45 days, of any 28 monetary obligation of the association that is past due over 30 days;29 (e) A statement of any other fees payable to the association by 30 unit owners; 31 Official Print - 1 1500-S.E AMS ENGR S5303.E (f) A statement of any expenditure or anticipated repair or 1 replacement cost reasonably anticipated to be in excess of five 2 percent of the board-approved annual budget of the association, 3 regardless of whether the unit owners are entitled to approve such 4 cost; 5 (g) A statement whether the association does or does not have a 6 reserve study prepared in accordance with RCW 64.90.545 and 7 64.90.550; 8 (h) The annual financial statement of the association, including 9 the ((audit report if it has been prepared, for the year immediately 10 preceding the current year )) most recent financial audit report 11 available; 12 (i) The most recent balance sheet and revenue and expense 13 statement, if any, of the association; 14 (j) The current operating budget of the association;15 (k) A statement of any unsatisfied judgments against the 16 association and the status of any legal actions in which the 17 association is a party or a claimant as defined in RCW 64.50.010;18 (l) A statement describing any insurance coverage carried by the 19 association and contact information for the association's insurance 20 broker or agent; 21 (m) A statement as to whether the board has given or received 22 notice in a record that any existing uses, occupancies, alterations, 23 or improvements in or to the seller's unit or to the limited common 24 elements allocated to the unit violate any provision of the governing 25 documents; 26 (n) A statement of the number of units, if any, still owned by 27 the declarant, whether the declarant has transferred control of the 28 association to the unit owners, and the date of such transfer;29 (o) A statement as to whether the board has received notice in a 30 record from a governmental agency of any violation of environmental, 31 health, or building codes with respect to the seller's unit, the 32 limited common elements allocated to that unit, or any other portion 33 of the common interest community that has not been cured;34 (p) A statement of the remaining term of any leasehold estate 35 affecting the common interest community and the provisions governing 36 any extension or renewal of the leasehold estate; 37 (q) A statement of any restrictions in the declaration affecting 38 the amount that may be received by a unit owner upon sale;39 Official Print - 2 1500-S.E AMS ENGR S5303.E (r) In a cooperative, an accountant's statement, if any was 1 prepared, as to the deductibility for federal income tax purposes by 2 the unit owner of real estate taxes and interest paid by the 3 association; 4 (s) A statement describing any pending sale or encumbrance of 5 common elements; 6 (t) A statement disclosing the effect on the unit to be conveyed 7 of any restriction on the right to use or occupy the unit, including 8 a restriction on a lease or other rental of the unit;9 (u) A copy of the declaration, the organizational documents, the 10 rules or regulations of the association, all policies, procedures, 11 and resolutions approved by the board that are currently in effect, 12 the minutes of board meetings and association meetings, except for 13 any information exempt from disclosure under RCW 64.90.495(3), for 14 the last 12 months, ((a summary of )) the most current reserve study 15 for the association, and any other information reasonably requested 16 by mortgagees of prospective purchasers of units.
  • Information 17 requested generally by the federal national mortgage association, the 18 federal home loan bank board, the government national mortgage 19 association, the veterans administration, or the department of 20 housing and urban development is deemed reasonable if the information 21 is reasonably available to the association; 22 (v) A statement whether the units or common elements of the 23 common interest community are covered by a qualified warranty under 24 chapter 64.35 RCW and, if so, a history of claims known to the 25 association as having been made under any such warranty;26 (w) A description of any age-related occupancy restrictions 27 affecting the common interest community; 28 (x) A statement describing any requirements related to electric 29 vehicle charging stations located in the unit or the limited common 30 elements allocated to the unit, including application status, 31 insurance information, maintenance responsibilities, and any 32 associated costs; 33 (y) If the association does not have a reserve study that has 34 been prepared in accordance with RCW 64.90.545 and 64.90.550 or its 35 governing documents, the following disclosure: 36 "This association does not have a current reserve study.
1500-S.E AMS HSG S5303.1

0 • Housing

ADOPTED AS AMENDED

Plain English: 1500-S.E AMS HSG S5303.1 ESHB 1500 - S COMM AMD By Committee on Housing ADOPTED AS AMENDED 03/04/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 1500-S.E AMS HSG S5303.1 ESHB 1500 - S COMM AMD By Committee on Housing ADOPTED AS AMENDED 03/04/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 64.90.640 and 2025 c 119 s 29 are each amended to 3 read as follows: 4 (1) Except in the case of a sale when delivery of a public 5 offering statement is required, or unless exempt under RCW 6 64.90.600(2) or unless the buyer of a unit within a common interest 7 community has expressly waived the right to receive a resale 8 certificate because it is unavailable as provided in RCW 9 64.90.600(4), a unit owner must furnish to a purchaser before 10 execution of any contract for sale of a unit, or otherwise before 11 conveyance, a resale certificate, signed by an officer or authorized 12 agent of the association and based on the books and records of the 13 association and the actual knowledge of the person signing the 14 certificate, containing all of the following and the statement "NONE" 15 or "RECORDS UNAVAILABLE" for each category of records that is not 16 provided: 17 (a) A statement disclosing any right of first refusal or other 18 restraint on the free alienability of the unit contained in the 19 declaration; 20 (b) With respect to the selling unit owner's unit, a statement 21 setting forth the amount of any assessment currently due, any 22 delinquent assessments, and a statement of any special assessments 23 that have been levied and have not been paid even though not yet due;24 (c) A statement, which must be current to within 45 days, of any 25 assessments against any unit in the condominium that are past due 26 over 30 days; 27 (d) A statement, which must be current to within 45 days, of any 28 monetary obligation of the association that is past due over 30 days;29 (e) A statement of any other fees payable to the association by 30 unit owners; 31 Code Rev/AF:akl 1 S-5303.1/26 (f) A statement of any expenditure or anticipated repair or 1 replacement cost reasonably anticipated to be in excess of five 2 percent of the board-approved annual budget of the association, 3 regardless of whether the unit owners are entitled to approve such 4 cost; 5 (g) A statement whether the association does or does not have a 6 reserve study prepared in accordance with RCW 64.90.545 and 7 64.90.550; 8 (h) The annual financial statement of the association, including 9 the ((audit report if it has been prepared, for the year immediately 10 preceding the current year )) most recent financial audit report 11 available; 12 (i) The most recent balance sheet and revenue and expense 13 statement, if any, of the association; 14 (j) The current operating budget of the association;15 (k) A statement of any unsatisfied judgments against the 16 association and the status of any legal actions in which the 17 association is a party or a claimant as defined in RCW 64.50.010;18 (l) A statement describing any insurance coverage carried by the 19 association and contact information for the association's insurance 20 broker or agent; 21 (m) A statement as to whether the board has given or received 22 notice in a record that any existing uses, occupancies, alterations, 23 or improvements in or to the seller's unit or to the limited common 24 elements allocated to the unit violate any provision of the governing 25 documents; 26 (n) A statement of the number of units, if any, still owned by 27 the declarant, whether the declarant has transferred control of the 28 association to the unit owners, and the date of such transfer;29 (o) A statement as to whether the board has received notice in a 30 record from a governmental agency of any violation of environmental, 31 health, or building codes with respect to the seller's unit, the 32 limited common elements allocated to that unit, or any other portion 33 of the common interest community that has not been cured;34 (p) A statement of the remaining term of any leasehold estate 35 affecting the common interest community and the provisions governing 36 any extension or renewal of the leasehold estate; 37 (q) A statement of any restrictions in the declaration affecting 38 the amount that may be received by a unit owner upon sale;39 Code Rev/AF:akl 2 S-5303.1/26 (r) In a cooperative, an accountant's statement, if any was 1 prepared, as to the deductibility for federal income tax purposes by 2 the unit owner of real estate taxes and interest paid by the 3 association; 4 (s) A statement describing any pending sale or encumbrance of 5 common elements; 6 (t) A statement disclosing the effect on the unit to be conveyed 7 of any restriction on the right to use or occupy the unit, including 8 a restriction on a lease or other rental of the unit;9 (u) A copy of the declaration, the organizational documents, the 10 rules or regulations of the association, all policies, procedures, 11 and resolutions approved by the board that are currently in effect, 12 the minutes of board meetings and association meetings, except for 13 any information exempt from disclosure under RCW 64.90.495(3), for 14 the last 12 months, ((a summary of )) the most current reserve study 15 for the association, and any other information reasonably requested 16 by mortgagees of prospective purchasers of units.
  • Information 17 requested generally by the federal national mortgage association, the 18 federal home loan bank board, the government national mortgage 19 association, the veterans administration, or the department of 20 housing and urban development is deemed reasonable if the information 21 is reasonably available to the association; 22 (v) A statement whether the units or common elements of the 23 common interest community are covered by a qualified warranty under 24 chapter 64.35 RCW and, if so, a history of claims known to the 25 association as having been made under any such warranty;26 (w) A description of any age-related occupancy restrictions 27 affecting the common interest community; 28 (x) A statement describing any requirements related to electric 29 vehicle charging stations located in the unit or the limited common 30 elements allocated to the unit, including application status, 31 insurance information, maintenance responsibilities, and any 32 associated costs; 33 (y) If the association does not have a reserve study that has 34 been prepared in accordance with RCW 64.90.545 and 64.90.550 or its 35 governing documents, the following disclosure: 36 "This association does not have a current reserve study.
1500-S AMH REED H2834.1

1460 • Reed

ADOPTED

Plain English: 1500-S AMH REED H2834.1 SHB 1500 - H AMD 1460 By Representative Reed ADOPTED 01/15/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 1500-S AMH REED H2834.1 SHB 1500 - H AMD 1460 By Representative Reed ADOPTED 01/15/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 64.90.640 and 2025 c 119 s 29 are each amended to 3 read as follows: 4 (1) Except in the case of a sale when delivery of a public 5 offering statement is required, or unless exempt under RCW 6 64.90.600(2) or unless the buyer of a unit within a common interest 7 community has expressly waived the right to receive a resale 8 certificate because it is unavailable as provided in RCW 9 64.90.600(4), a unit owner must furnish to a purchaser before 10 execution of any contract for sale of a unit, or otherwise before 11 conveyance, a resale certificate, signed by an officer or authorized 12 agent of the association and based on the books and records of the 13 association and the actual knowledge of the person signing the 14 certificate, containing all of the following and the statement "NONE" 15 or "RECORDS UNAVAILABLE" for each category of records that is not 16 provided: 17 (a) A statement disclosing any right of first refusal or other 18 restraint on the free alienability of the unit contained in the 19 declaration; 20 (b) With respect to the selling unit owner's unit, a statement 21 setting forth the amount of any assessment currently due, any 22 delinquent assessments, and a statement of any special assessments 23 that have been levied and have not been paid even though not yet due;24 (c) A statement, which must be current to within 45 days, of any 25 assessments against any unit in the condominium that are past due 26 over 30 days; 27 (d) A statement, which must be current to within 45 days, of any 28 monetary obligation of the association that is past due over 30 days;29 (e) A statement of any other fees payable to the association by 30 unit owners; 31 Code Rev/MFW:eab 1 H-2834.1/26 (f) A statement of any expenditure or anticipated repair or 1 replacement cost reasonably anticipated to be in excess of five 2 percent of the board-approved annual budget of the association, 3 regardless of whether the unit owners are entitled to approve such 4 cost; 5 (g) A statement whether the association does or does not have a 6 reserve study prepared in accordance with RCW 64.90.545 and 7 64.90.550; 8 (h) The annual financial statement of the association, including 9 the ((audit report if it has been prepared, for the year immediately 10 preceding the current year )) most recent financial audit report 11 available; 12 (i) The most recent balance sheet and revenue and expense 13 statement, if any, of the association; 14 (j) The current operating budget of the association;15 (k) A statement of any unsatisfied judgments against the 16 association and the status of any legal actions in which the 17 association is a party or a claimant as defined in RCW 64.50.010;18 (l) A statement describing any insurance coverage carried by the 19 association and contact information for the association's insurance 20 broker or agent; 21 (m) A statement as to whether the board has given or received 22 notice in a record that any existing uses, occupancies, alterations, 23 or improvements in or to the seller's unit or to the limited common 24 elements allocated to the unit violate any provision of the governing 25 documents; 26 (n) A statement of the number of units, if any, still owned by 27 the declarant, whether the declarant has transferred control of the 28 association to the unit owners, and the date of such transfer;29 (o) A statement as to whether the board has received notice in a 30 record from a governmental agency of any violation of environmental, 31 health, or building codes with respect to the seller's unit, the 32 limited common elements allocated to that unit, or any other portion 33 of the common interest community that has not been cured;34 (p) A statement of the remaining term of any leasehold estate 35 affecting the common interest community and the provisions governing 36 any extension or renewal of the leasehold estate; 37 (q) A statement of any restrictions in the declaration affecting 38 the amount that may be received by a unit owner upon sale;39 Code Rev/MFW:eab 2 H-2834.1/26 (r) In a cooperative, an accountant's statement, if any was 1 prepared, as to the deductibility for federal income tax purposes by 2 the unit owner of real estate taxes and interest paid by the 3 association; 4 (s) A statement describing any pending sale or encumbrance of 5 common elements; 6 (t) A statement disclosing the effect on the unit to be conveyed 7 of any restriction on the right to use or occupy the unit, including 8 a restriction on a lease or other rental of the unit;9 (u) A copy of the declaration, the organizational documents, the 10 rules or regulations of the association, all policies, procedures, 11 and resolutions approved by the board that are currently in effect, 12 the minutes of board meetings and association meetings, except for 13 any information exempt from disclosure under RCW 64.90.495(3), for 14 the last 12 months, ((a summary of )) the most current reserve study 15 for the association, and any other information reasonably requested 16 by mortgagees of prospective purchasers of units.
  • Information 17 requested generally by the federal national mortgage association, the 18 federal home loan bank board, the government national mortgage 19 association, the veterans administration, or the department of 20 housing and urban development is deemed reasonable if the information 21 is reasonably available to the association; 22 (v) A statement whether the units or common elements of the 23 common interest community are covered by a qualified warranty under 24 chapter 64.35 RCW and, if so, a history of claims known to the 25 association as having been made under any such warranty;26 (w) A description of any age-related occupancy restrictions 27 affecting the common interest community; 28 (x) A statement describing any requirements related to electric 29 vehicle charging stations located in the unit or the limited common 30 elements allocated to the unit, including application status, 31 insurance information, maintenance responsibilities, and any 32 associated costs; 33 (y) If the association does not have a reserve study that has 34 been prepared in accordance with RCW 64.90.545 and 64.90.550 or its 35 governing documents, the following disclosure: 36 "This association does not have a current reserve study.
1500-S.E AMS BATE S5595.1

745 • Bateman

PULLED

Plain English: 1500-S.E AMS BATE S5595.1 ESHB 1500 - S AMD TO HSG COMM AMD (S-5303.1/26) 745 By Senator Bateman PULLED 02/27/2026 On page 6, beginning on line 5, after " certificate" strike all 1 material through " certificate" on line 7 and insert " is responsible 2 for the timeliness of delivery and for exercising reasonable care in 3 preparing the resale certificate based on the information provided to 4 it.

  • 1500-S.E AMS BATE S5595.1 ESHB 1500 - S AMD TO HSG COMM AMD (S-5303.1/26) 745 By Senator Bateman PULLED 02/27/2026 On page 6, beginning on line 5, after " certificate" strike all 1 material through " certificate" on line 7 and insert " is responsible 2 for the timeliness of delivery and for exercising reasonable care in 3 preparing the resale certificate based on the information provided to 4 it.
  • Nothing in this subsection imposes liability on an authorized 5 agent for the substantive accuracy of information supplied by the 6 association unless the authorized agent had actual knowledge that the 7 information was incorrect" 8 On page 6, at the beginning of line 10, strike " accuracy, and 9 completeness of a resale " and insert " or preparation of a resale 10 certificate against the association or any authorized agent 11 responsible for furnishing the" 12 On page 6, line 11, after "court" strike "must" and insert "may"13 On page 6, beginning on line 11, after " costs" strike all 14 material through " certificate" on line 15 and insert " to the 15 prevailing party" 16 EFFECT: Provides that the association or authorized agent is responsible for the timeliness of delivery and for exercising reasonable care in preparing the resale certificate based on the information provided and nothing imposes liability on an authorized agent for the substantive accuracy of the information supplied by the association unless they had actual knowledge that the information was incorrect.
  • Clarifies when a unit owner may bring an action against the association or any authorized agent responsible for furnishing the certificate and that the court may award reasonable attorneys' fees and costs to the prevailing party.
  • END --- Code Rev/AF:ajr 1 S-5595.1/26
1500-S.E AMS BATE S5595.2

833 • Bateman

ADOPTED

Plain English: 1500-S.E AMS BATE S5595.2 ESHB 1500 - S AMD TO HSG COMM AMD (S-5303.1/26) 833 By Senator Bateman ADOPTED 03/04/2026 On page 6, beginning on line 5, after " certificate" strike all 1 material through " certificate" on line 7 and insert " is responsible 2 for the timeliness of delivery and for exercising reasonable care in 3 preparing the resale certificate" 4 On page 6, at the beginning of line 10, strike " accuracy, and 5 completeness of a resale " and insert " or preparation of a resale 6 certificate against the association or any authorized agent 7 responsible for furnishing the" 8 On page 6, line 11, after "court" strike "must" and insert "may"9 On page 6, beginning on line 11, after " costs" strike all 10 material through " certificate" on line 15 and insert " to the 11 prevailing party" 12 EFFECT: Provides that the association or authorized agent is responsible for the timeliness of delivery and for exercising reasonable care in preparing the resale certificate.

  • 1500-S.E AMS BATE S5595.2 ESHB 1500 - S AMD TO HSG COMM AMD (S-5303.1/26) 833 By Senator Bateman ADOPTED 03/04/2026 On page 6, beginning on line 5, after " certificate" strike all 1 material through " certificate" on line 7 and insert " is responsible 2 for the timeliness of delivery and for exercising reasonable care in 3 preparing the resale certificate" 4 On page 6, at the beginning of line 10, strike " accuracy, and 5 completeness of a resale " and insert " or preparation of a resale 6 certificate against the association or any authorized agent 7 responsible for furnishing the" 8 On page 6, line 11, after "court" strike "must" and insert "may"9 On page 6, beginning on line 11, after " costs" strike all 10 material through " certificate" on line 15 and insert " to the 11 prevailing party" 12 EFFECT: Provides that the association or authorized agent is responsible for the timeliness of delivery and for exercising reasonable care in preparing the resale certificate.
  • Clarifies when a unit owner may bring an action against the association or any authorized agent responsible for furnishing the certificate and that the court may award reasonable attorneys' fees and costs to the prevailing party.
  • END --- Code Rev/AF:jlb 1 S-5595.2/26 2nd draft

Bill History

  1. 2026-01-15 House

    1st substitute bill substituted.

Official Summary Text

CIC resale certificates

Current Bill Text

Read the full stored bill text
AN ACT Relating to resale certificates for units in common 1
interest communities; and amending RCW 64.90.640. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 64.90.640 and 2024 c 321 s 329 are each amended to 4
read as follows: 5
(1) Except in the case of a sale when delivery of a public 6
offering statement is required, or unless exempt under RCW 7
64.90.600(2), a unit owner must furnish to a purchaser before 8
execution of any contract for sale of a unit, or otherwise before 9
conveyance, a resale certificate, signed by an officer or authorized 10
agent of the association and based on the books and records of the 11
association and the actual knowledge of the person signing the 12
certificate, containing all of the following and the statement "NONE" 13
or "RECORDS UNAVAILABLE" for each category of records that is not 14
provided: 15
(a) A statement disclosing any right of first refusal or other 16
restraint on the free alienability of the unit contained in the 17
declaration; 18
(b) With respect to the selling unit owner's unit, a statement 19
setting forth the amount of any assessment currently due, any 20
H-0497.1
HOUSE BILL 1500
State of Washington 69th Legislature 2025 Regular Session
By Representatives Reed, Entenman, Gregerson, Peterson, Fosse,
Farivar, Doglio, Alvarado, Hill, Berry, Simmons, Ormsby, and Macri
Read first time 01/22/25. Referred to Committee on Housing.
p. 1 HB 1500
delinquent assessments, and a statement of any special assessments 1
that have been levied and have not been paid even though not yet due;2
(c) A statement, which must be current to within 45 days, of any 3
assessments against any unit in the condominium that are past due 4
over 30 days; 5
(d) A statement, which must be current to within 45 days, of any 6
monetary obligation of the association that is past due over 30 days;7
(e) A statement of any other fees payable to the association by 8
unit owners; 9
(f) A statement of any expenditure or anticipated repair or 10
replacement cost reasonably anticipated to be in excess of five 11
percent of the board-approved annual budget of the association, 12
regardless of whether the unit owners are entitled to approve such 13
cost; 14
(g) A statement whether the association does or does not have a 15
reserve study prepared in accordance with RCW 64.90.545 and 16
64.90.550; 17
(h) The annual financial statement of the association, including 18
the ((audit report if it has been prepared, for the year immediately 19
preceding the current year )) most recent final financial audit report 20
available and the current draft of a more recent report if available;21
(i) The most recent balance sheet and revenue and expense 22
statement, if any, of the association; 23
(j) The current operating budget of the association;24
(k) A statement of any unsatisfied judgments against the 25
association and the status of any legal actions in which the 26
association is a party or a claimant as defined in RCW 64.50.010;27
(l) A statement describing any insurance coverage carried by the 28
association and contact information for the association's insurance 29
broker or agent; 30
(m) A statement as to whether the board has given or received 31
notice in a record that any existing uses, occupancies, alterations, 32
or improvements in or to the seller's unit or to the limited common 33
elements allocated to the unit violate any provision of the governing 34
documents; 35
(n) A statement of the number of units, if any, still owned by 36
the declarant, whether the declarant has transferred control of the 37
association to the unit owners, and the date of such transfer;38
(o) A statement as to whether the board has received notice in a 39
record from a governmental agency of any violation of environmental, 40
p. 2 HB 1500
health, or building codes with respect to the seller's unit, the 1
limited common elements allocated to that unit, or any other portion 2
of the common interest community that has not been cured;3
(p) A statement of the remaining term of any leasehold estate 4
affecting the common interest community and the provisions governing 5
any extension or renewal of the leasehold estate; 6
(q) A statement of any restrictions in the declaration affecting 7
the amount that may be received by a unit owner upon sale;8
(r) In a cooperative, an accountant's statement, if any was 9
prepared, as to the deductibility for federal income tax purposes by 10
the unit owner of real estate taxes and interest paid by the 11
association; 12
(s) A statement describing any pending sale or encumbrance of 13
common elements; 14
(t) A statement disclosing the effect on the unit to be conveyed 15
of any restriction on the right to use or occupy the unit, including 16
a restriction on a lease or other rental of the unit;17
(u) A copy of the declaration, the organizational documents, the 18
rules or regulations of the association, all policies, procedures, 19
and resolutions approved by the board that are currently in effect, 20
the minutes of board meetings and association meetings, except for 21
any information exempt from disclosure under RCW 64.90.495(3), for 22
the last 12 months, ((a summary of )) the most current final reserve 23
study for the association, the most recent draft of a newer reserve 24
study if available, and any other information reasonably requested by 25
mortgagees of prospective purchasers of units. Information requested 26
generally by the federal national mortgage association, the federal 27
home loan bank board, the government national mortgage association, 28
the veterans administration, or the department of housing and urban 29
development is deemed reasonable if the information is reasonably 30
available to the association; 31
(v) A statement whether the units or common elements of the 32
common interest community are covered by a qualified warranty under 33
chapter 64.35 RCW and, if so, a history of claims known to the 34
association as having been made under any such warranty;35
(w) A description of any age-related occupancy restrictions 36
affecting the common interest community; 37
(x) A statement describing any requirements related to electric 38
vehicle charging stations located in the unit or the limited common 39
elements allocated to the unit, including application status, 40
p. 3 HB 1500
insurance information, maintenance responsibilities, and any 1
associated costs; 2
(y) If the association does not have a reserve study that has 3
been prepared in accordance with RCW 64.90.545 and 64.90.550 or its 4
governing documents, the following disclosure: 5
"This association does not have a current reserve study. The lack 6
of a current reserve study poses certain risks to you, the purchaser. 7
Insufficient reserves may, under some circumstances, require you to 8
pay on demand as a special assessment your share of common expenses 9
for the cost of major maintenance, repair, or replacement of a common 10
element."; and 11
(z) The resale certificate must include a notice in substantially 12
the following form and in conspicuous type: 13
"THIS UNIT IS LOCATED WITHIN A COMMON INTEREST COMMUNITY 14
AND IS SUBJECT TO THE DECLARATION, BYLAWS, RULES, AND 15
OTHER WRITTEN INSTRUMENTS GRANTING AUTHORITY TO THE 16
ASSOCIATION AS ADOPTED (THE "GOVERNING DOCUMENTS").17
THE PURCHASER OF THIS UNIT WILL BE REQUIRED TO BE A 18
MEMBER OF THE ASSOCIATION AND WILL BE SUBJECT TO THE 19
GOVERNING DOCUMENTS. 20
THE GOVERNING DOCUMENTS WILL IMPOSE FINANCIAL OBLIGATIONS 21
UPON THE OWNER OF THE UNIT, INCLUDING AN OBLIGATION TO 22
PAY ASSESSMENTS TO THE ASSOCIATION WHICH MAY INCLUDE 23
REGULAR AND SPECIAL ASSESSMENTS, FINES, FEES, INTEREST, 24
LATE CHARGES, AND COSTS OF COLLECTION, INCLUDING 25
REASONABLE ATTORNEYS' FEES. 26
THE ASSOCIATION HAS A STATUTORY LIEN ON EACH INDIVIDUAL 27
UNIT FOR ANY UNPAID ASSESSMENT FROM THE TIME IT IS DUE. 28
FAILURE TO PAY ASSESSMENTS COULD RESULT IN THE FILING OF 29
A LIEN ON THE UNIT AND LOSS OF THE UNIT THROUGH 30
FORECLOSURE. 31
THE GOVERNING DOCUMENTS MAY PROHIBIT OWNERS FROM MAKING 32
CHANGES TO THE UNIT WITHOUT REVIEW AND THE APPROVAL OF 33
THE ASSOCIATION, AND MAY ALSO IMPOSE RESTRICTIONS ON THE 34
USE OF (([THE])) THE UNIT, DISPLAY OF SIGNS, CERTAIN 35
BEHAVIORS, AND OTHER ITEMS. 36
PURCHASERS OF THIS UNIT SHOULD CAREFULLY REVIEW THE 37
FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION, THE 38
CURRENT STATE OF THE ASSOCIATION'S FINANCES, THE CURRENT 39
RESERVE STUDY, IF ANY, THE GOVERNING DOCUMENTS, AND THE 40
p. 4 HB 1500
OTHER INFORMATION AVAILABLE IN THE RESALE CERTIFICATE. 1
THE GOVERNING DOCUMENTS CONTAIN IMPORTANT INFORMATION AND 2
CREATE BINDING LEGAL OBLIGATIONS. YOU SHOULD CONSIDER 3
SEEKING THE ASSISTANCE OF LEGAL COUNSEL." 4
(2)(a) The association, within 10 days after a request by a unit 5
owner, and subject to the payment of any fees imposed pursuant to RCW 6
64.90.405(2)(m), must furnish a resale certificate signed by an 7
officer or authorized agent of the association and containing the 8
information necessary to enable the unit owner to comply with this 9
section. 10
(b) For the purposes of this chapter, a reasonable charge to the 11
owner for the preparation of a resale certificate may not exceed 12
$275, covering the direct out-of-pocket cost of copying and providing 13
such information, and may not include any additional charges for 14
providing documents that are maintained in electronic form on a 15
website, web portal, or application available to unit owners. 16
However, an association may charge an additional $100 for a rush 17
service that must be completed within 72 hours of submission of a 18
resale certificate request . The association may also charge a unit 19
owner a nominal fee not to exceed $100 for updating a resale 20
certificate within six months of the unit owner's previous resale 21
certificate request. 22
(c) An association may not require a unit owner to contract with 23
or establish an account with a third party in order to provide 24
payment for or accept delivery of a resale certificate required to be 25
furnished under (a) of this subsection.26
(d) Fees for copying and providing documents required by this 27
section must be distinguished from, separately stated from, and 28
separately billed from, all other fees, fines, or assessments.29
(e) A unit owner is not liable to the purchaser for any erroneous 30
information provided by the association and included in the 31
certificate. 32
(3) A unit owner possessing current copies in electronic form of 33
any documents specified by this section must provide them to a 34
purchaser via electronic transmission at no cost.35
(4)(a) A purchaser is not liable for any of the following:36
(i) Any unpaid assessment or fee greater than the amount set 37
forth in the certificate prepared by the association; and38
(ii) Any violation of the governing documents created by any 39
alteration to a unit that, in the exercise of reasonable diligence, 40
p. 5 HB 1500
should have been known to the association or its authorized agent at 1
the time of conveyance, but was not identified in the resale 2
certificate. 3
(b) ((A unit owner is not liable to a purchaser for the failure 4
or delay of the association to provide the certificate in a timely 5
manner, but the purchase contract is voidable by the purchaser until 6
the certificate has been provided and for five days thereafter or 7
until conveyance, whichever occurs first. )) The purchaser may cancel 8
a contract for the purchase of the unit within five days after first 9
receiving the resale certificate. If the resale certificate is first 10
provided to a purchaser more than five days before execution of a 11
contract for the purchase of a unit, the purchaser does not have the 12
right under this section to cancel the executed contract. If the 13
resale certificate is first provided to a purchaser five days or less 14
before the purchaser signs a contract for the purchase of a unit, the 15
purchaser, before conveyance of the unit to the purchaser, may cancel 16
the contract by delivering, no later than the fifth day after first 17
receiving the resale certificate, a notice of cancellation to the 18
seller. If the resale certificate is first provided to a purchaser 19
less than five days before the closing date for the conveyance of 20
that unit, the purchaser may, before conveyance of the unit to the 21
purchaser, extend the closing date to a date not more than five days 22
after the purchaser first received the resale certificate.23
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p. 6 HB 1500